Florida Statute 944.405 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 944
STATE CORRECTIONAL SYSTEM

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F.S. 944.405

944.405 Warrant for retaking offender who has escaped from custody or absconded from rehabilitative community reentry program, or who is ineligible for release.—

(1) If there is reasonable justification to believe that an offender has escaped from the custody of the department or has absconded from a rehabilitative community reentry program before the offender has satisfied his or her sentence or combined sentences, or if it is determined an offender was released in error, or if it is subsequently determined the offender was statutorily ineligible for release, the secretary of the department or the secretary’s designated representative may issue a warrant for retaking the offender into custody until he or she has served the remainder of the sentence or combined sentences.

(2) An offender who is arrested as provided in subsection (1) is ineligible for bond, bail, or release on his or her own recognizance.

(3) A warrant issued under subsection (1) is in effect until the offender has been returned to the custody of the department, or until the sentence is deemed satisfied, whichever occurs first.

(4) The issuance of a warrant pursuant to this section does not negate or interfere with the right to issuance of a warrant under any other provision of law.

History.—s. 1, ch. 87-211; s. 51, ch. 91-110; s. 34, ch. 93-406; s. 1650, ch. 97-102.

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Amendments to 944.405

Annotations, Discussions, Cases:

Cases Citing Statute 944.405

Total Results: 3

Waite v. Singletary

632 So. 2d 192, 1994 WL 45265

District Court of Appeal of Florida | Filed: Feb 15, 1994 | Docket: 462522

Cited 2 times | Published

Corrections, 531 So.2d 1009 (Fla. 1st DCA 1988); cf. § 944.405, Fla. Stat. (1993) (as amended by ch. 93-406,

Gaines v. Florida Parole Commission

962 So. 2d 1040, 2007 WL 2301275

District Court of Appeal of Florida | Filed: Aug 14, 2007 | Docket: 480667

Cited 1 times | Published

at liberty."). In terms of statutory law, section 944.405(1), Florida Statutes, provides in relevant

Cespedes v. State

17 So. 3d 302, 2009 Fla. App. LEXIS 1493, 2009 WL 264105

District Court of Appeal of Florida | Filed: Jan 9, 2009 | Docket: 1644785

Published

authority that the legislature's enactment of section 944.405, Florida Statutes (2008), allowing the department